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Legal System of Sekowo
The legal system of Sekowo is the organization and procedure of the Sekowan judiciary, as defined by the open and changing body of laws passed by the Sekowan legislature that control the nature of Sekowan law. Although several outmoded attempts to give some structure to the Sekowan court system have been tried in the past, the modern Sekowan legal system is based on the Lex Iurisdictionis, a law passed in 2580 that established a series of court systems and delegated final legal authority to several government bodies. Court Systems As per the Lex Iurisdictionis, Sekowo has four court systems. Each is independent at the lower levels, although two of them are joined at the top by a shared highest court of appeals, and every one is ultimately answerable to the cabinet or the legislature. Federal System The federal, or national system deals with civil and criminal lawsuits concerning the violation of laws passed on the national level. There are seven geographically limited Federal court circuits, one for each region and two for the colonies. The circuits merge through a series of appeals courts, finally culminating in the Supreme Court of Sekowo, which is the highest court of appeal in both the Federal and Region court systems. Regional System The regional system is really a whole class of court systems that administer justice in the five national regions and the two colonial regions of Sekowo. Each region has its own system that deals with civil and criminal cases involving violations of municipal and regional laws and ordinances. Each region has its own Regional Supreme Court, which is the highest court of appeal concerning that region's laws. However, a case may be appealed to the Supreme Court of Sekowo if the latter accepts the appeal. Military System The military system hears all cases related to the violation of military law by active military personnel and to non-citizens who are charged with breaking regional, federal, or military law. The highest court of appeal in the military system is a special council of the Head of State, the Head of Government, and the minister of Justice. A majority vote in this council may decide any military case. Administrative System The administrative system hears all cases involving the violation of administrative rules and government procedure by government personnel. The cabinet hears all administrative cases, and a plurality of ministers decides a case. However, the decision may be appealed to the legislature, although an absolute majority is required to overturn the cabinet's decision. Judicial Powers History Early Attempts Following the example of other nations (see Supreme Court of Lourenne and Kalistani Constitutional Court), Sekowo attempted to establish an active judiciary by establishing the Supreme Court of Sekowo in the Supreme Court Creation Act of 2482. However, the judges were not appointed consistently, and the court had neither legal precedent nor a descriptive enough fundamental law to judge cases fairly. This incarnation of the Sekowo judicial system failed and withered within the first years of its creation. Lex Iurisdictionis Passed in March of 2580, this piece of legislation established the basis of the Sekowan legal system. It was created by the Archonic Union of Politeia in response to the Sekowan Constitutional Crisis of 2579. The Prytanis Kayabuki's violation of several administrative laws and misuse of executive authority resulted in a nuclear standoff with Hutori Unionists, causing many parties in Sekowo to demand a trial that would punish Kayabuki and her associates. However, neither the infrastructure nor the precedent were in place to create a trial with legal legitimacy. The Lex Iurisdictionis responded to this need by creating four court circuits, delegating final judicial authority to the cabinet and the Supreme Court of Sekowo (the judicial form of the legislature), and by specifying the limitations of judicial authority, specifically in regards to ex post facto decisions. Finally, it revoked the Supreme Court Creation Act (2482), thereby doing away with the defunct top of the old judicial system. The text of the law is provided below: (i) There are four independent judicial systems: (a) the Federal system, (b) the Regional systems, © the Military system, and (d) the Administrative system. (ii) The Federal system is a series of courts arranged into geographical circuits dealing with Civil and Criminal lawsuits associated with a violation of Federal laws and statutes. Cases may be appealed if the superior court is willing to hear the case. The highest court of appeal is the Supreme Court of Sekowo. (iii) The Supreme Court of Sekowo is composed of the same members as the legislature. It may reach a decision by a plurality. The Supreme Court Creation Act of 2482 is hereby revoked. (iv) Each region has its own Region court system that deals with Civil and Criminal lawsuits associated with a violation of regional laws and statutes. Like the Federal system, the region systems have courts of appeal, the highest in each given region being its Regional Supreme Court. The Supreme Court of Sekowo may hear appeals from Regional Supreme Courts if it so chooses. Each colony also has an independent Regional court system. (v) The Military system hears cases concerning (a) active military persons who have been charged with violating military law, and (b) non-citizens charged with breaking Federal, Regional, or Military law. Military tribunals may only be appealed to a council of the Head of State, the Head of Government, and the Minister of Justice. A majority of this council may decide any military case. (vi) The Administrative system hears cases concerning violations of government procedure by government personnel. All administrative cases are heard by the cabinet. A plurality of ministers decides the case. The case may be appealed to the legislature, although the legislature must vote with an absolute majority to overturn the cabinet's decision. (vii) None of the court systems or any of their courts may reverse, modify, or compose legislation. The duty of the courts is to apply the law to specific cases, not to create law by imposing decisions based on non-legal or quasi-legal foundations. (viii) Neither the Supreme Court of Sekowo nor the Cabinet in its judicial function creates legal precedent in its decisions. All court decisions are based purely upon the interpretation of the concurrent written law. A higher court may hear an appeal and overturn a lower court's decision, but its decision does not bind lower courts in the future. (ix) All courts judge cases according to the law existing when the dispute or violation of the law arose. No ex post facto or retroactive decisions may be applied by the courts. However, the legislature may create a bill of attainder that targets one particular person or entity. Along with the internal provisions in the law, there is a call for the establishment of a developing and uniquely Sekowan judiciary. This introductory section also briefly mentions the Constitutional crisis that first necessitated the law. The recent crisis has brought to light the need for a clear legal system and judicial procedure in Sekowo. Our dependency on the precedent and jurisprudence of foreign nations and historical instances is unacceptable for a nation as developed and sophisticated as our own. It is essential that we develop an autochthonous and native system that, while mindful of the experiences and mistakes of other nations, is especially suited for and tailored to the unique and vibrant nation that is Sekowo. We propose that, instead of creating one single draft of a comprehensive legal code, we create a foundation right now and then add modifications as they become necessary. All bills pertinent to the legal system will be recorded here: http://particracy.wikia.com/wiki/Legal_System_of_Sekowo Category:Sekowo